Texas 2023 - 88th Regular

Texas House Bill HB3156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3156
2	2
3	3
4	4	AN ACT
5	5	relating to liability of engineers and certain business entities
6	6	performing construction monitoring and inspection services for the
7	7	Texas Department of Transportation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 97, Civil Practice and Remedies Code, is
10	10	amended by adding Section 97.003 to read as follows:
11	11	Sec. 97.003. LIMIT ON LIABILITY OF CONSTRUCTION MONITORING
12	12	AND INSPECTION SERVICES. (a) In this section:
13	13	(1) "Business entity" means an entity registered under
14	14	Section 1001.405, Occupations Code.
15	15	(2) "Complied with the obligations under the contract"
16	16	means:
17	17	(A) performing the monitoring and inspection
18	18	required by a contract; and
19	19	(B) notifying the department, as required by the
20	20	contract, of any unsafe condition or operation that the person
21	21	becomes aware of in the normal course of providing the services
22	22	under the contract.
23	23	(3) "Department" means the Texas Department of
24	24	Transportation.
25	25	(4) "Engineer" has the meaning assigned by Section
26	26	1001.002, Occupations Code.
27	27	(b) This section applies to a business entity, an officer or
28	28	employee of a business entity, or an engineer that provides
29	29	services as a consultant or subconsultant of the department to
30	30	monitor and inspect the progress of work on a transportation
31	31	construction or maintenance project performed by a private
32	32	contractor and report to the department regarding the contractor's
33	33	compliance with the department's requirements for the project.
34	34	(c) A person to whom this section applies is not liable to a
35	35	claimant for personal injury, property damage, or death arising
36	36	from an act or omission performed in the course and scope of the
37	37	person's duties with respect to a project if:
38	38	(1) the person does not have authority to direct the
39	39	operations of the contractor or subcontractor to be monitored or
40	40	inspected and otherwise had no control of any of the following:
41	41	(A) the construction, means, methods,
42	42	techniques, sequences, or procedures of the contractor or
43	43	subcontractor;
44	44	(B) the safety precautions or programs of the
45	45	contractor or subcontractor; or
46	46	(C) any other person who performs the work of the
47	47	contractor or subcontractor to be monitored or inspected; and
48	48	(2) the person performing the monitoring and
49	49	inspecting substantially complied with the obligations under the
50	50	contract with the department.
51	51	(d) Subsection (c) does not apply to a cause of action for
52	52	gross negligence or wilful or wanton conduct.
53	53	SECTION 2. The change in law made by this Act applies only
54	54	to a cause of action that accrues on or after the effective date of
55	55	this Act.
56	56	SECTION 3. This Act takes effect September 1, 2023.
57	57	______________________________ ______________________________
58	58	President of the Senate Speaker of the House
59	59	I certify that H.B. No. 3156 was passed by the House on April
60	60	27, 2023, by the following vote: Yeas 122, Nays 24, 1 present, not
61	61	voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	I certify that H.B. No. 3156 was passed by the Senate on May
65	65	21, 2023, by the following vote: Yeas 31, Nays 0.
66	66	______________________________
67	67	Secretary of the Senate
68	68	APPROVED: _____________________
69	69	Date
70	70	_____________________
71	71	Governor